The Spirit of the Laws by M. de Montesquieu - HTML preview

PLEASE NOTE: This is an HTML preview only and some elements such as links or page numbers may be incorrect.
Download the book in PDF, ePub, Kindle for a complete version.

VOLUME I: THE SPIRIT OF LAWS

Updated: April 22, 2004

Return to the Introduction to Montesquieu and the Table of Contents page for the 4

volume set or the detailed Table of Contents page for this volume.

EDITION USED

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols.

z Volume I: The Spirit of Laws

z Volume II: The Spirit of Laws (continued)

z Volume III: Considerations on the Causes of the Grandeur and Declension of the Roman Empire; and the Persian Letters

z Volume IV: Familiar Letters; Miscellaneous Pieces (An Oration, An Essay upon Taste; Of the Pleasures of the Soul; The Temple of Gnidus; Cupid Distressed; Lysimachas; D’Alembert’s Analysis of the Spirit of Laws; A Defence of the Spirit of Laws; Some Explanations of the Spirit of Laws)

TABLE OF CONTENTS

z AN EULOGIUM ON PRESIDENT MONTESQUIEU, BY MONSIEUR D’ALEMBERT.

{ ENDNOTES

z PREFACE.

{ ENDNOTES

z THE SPIRIT OF LAWS.

{ BOOK I. OF LAWS IN GENERAL.

CHAP. I. OF THE RELATION OF LAWS TO DIFFERENT

BEINGS.

CHAP. II. OF THE LAWS OF NATURE.

CHAP. III. OF POSITIVE LAWS.

ENDNOTES

{ BOOK II. OF LAWS DIRECTLY DERIVED FROM THE NATURE OF

GOVERNMENT.

CHAP. I. OF THE NATURE OF THREE DIFFERENT

GOVERNMENTS.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 2 of 335

CHAP. II. OF THE REPUBLICAN GOVERNMENT, AND THE

LAWS RELATIVE TO DEMOCRACY.

CHAP. III. OF THE LAWS RELATIVE TO THE NATURE OF

ARISTOCRACY.

CHAP. IV. OF THE RELATION OF LAWS TO THE NATURE OF

MONARCHICAL GOVERNMENT.

CHAP. V. OF THE LAWS RELATIVE TO THE NATURE OF A

DESPOTIC GOVERNMENT.

ENDNOTES

{ BOOK III. OF THE PRINCIPLES OF THE THREE KINDS OF GOVERNMENT.

CHAP. I. DIFFERENCE BETWEEN THE NATURE AND

PRINCIPLE OF GOVERNMENT.

CHAP. II. OF THE PRINCIPLE OF DIFFERENT

GOVERNMENTS.

CHAP. III. OF THE PRINCIPLE OF DEMOCRACY.

CHAP. IV. OF THE PRINCIPLE OF ARISTOCRACY.

CHAP. V. THAT VIRTUE IS NOT THE PRINCIPLE OF A

MONARCHICAL GOVERNMENT.

CHAP. VI. IN WHAT MANNER VIRTUE IS SUPPLIED IN A

MONARCHICAL GOVERNMENT.

CHAP. VII. OF THE PRINCIPLE OF MONARCHY.

CHAP. VIII. THAT HONOUR IS NOT THE PRINCIPLE OF

DESPOTIC GOVERNMENT.

CHAP. IX. OF THE PRINCIPLE OF DESPOTIC GOVERNMENT.

CHAP. X. DIFFERENCE OF OBEDIENCE IN MODERATE AND

DESPOTIC GOVERNMENTS.

CHAP. XI. REFLECTIONS ON THE PRECEDING CHAPTERS.

ENDNOTES

{ BOOK IV. THAT THE LAWS OF EDUCATION OUGHT TO BE RELATIVE TO

THE PRINCIPLES OF GOVERNMENT.

CHAP. I. OF THE LAWS OF EDUCATION.

CHAP. II. OF EDUCATION IN MONARCHIES.

CHAP. III. OF EDUCATION IN A DESPOTIC GOVERNMENT.

CHAP. IV. DIFFERENCE BETWEEN THE EFFECTS OF

ANCIENT AND MODERN EDUCATION.

CHAP. V. OF EDUCATION IN A REPUBLICAN GOVERNMENT.

CHAP. VI. OF SOME INSTITUTIONS AMONG THE GREEKS.

CHAP. VII. IN WHAT CASE THESE SINGULAR

INSTITUTIONS MAY BE OF SERVICE.

CHAP. VIII. EXPLICATION OF A PARADOX OF THE

ANCIENTS, IN RESPECT TO MANNERS.

ENDNOTES

{ BOOK V. THAT THE LAWS, GIVEN BY THE LEGISLATOR, OUGHT TO BE

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 3 of 335

RELATIVE TO THE PRINCIPLE OF GOVERNMENT.

CHAP. I. IDEA OF THIS BOOK.

CHAP. II. WHAT IS MEANT BY VIRTUE IN A POLITICAL

STATE.

CHAP. III. WHAT IS MEANT BY A LOVE OF THE REPUBLIC,

IN A DEMOCRACY.

CHAP. IV. IN WHAT MANNER THE LOVE OF EQUALITY AND

FRUGALITY IS INSPIRED.

CHAP. V. IN WHAT MANNER THE LAWS ESTABLISH

EQUALITY IN A DEMOCRACY.

CHAP. VI. IN WHAT MANNER THE LAWS OUGHT TO

MAINTAIN FRUGALITY IN A DEMOCRACY.

CHAP. VII. OTHER METHODS OF FAVOURING THE

PRINCIPLE OF DEMOCRACY.

CHAP. VIII. IN WHAT MANNER THE LAWS OUGHT TO BE

RELATIVE TO THE PRINCIPLE OF GOVERNMENT IN AN

ARISTOCRACY.

CHAP. IX. IN WHAT MANNER THE LAWS ARE RELATIVE TO

THEIR PRINCIPLE IN MONARCHIES.

CHAP. X. OF THE EXPEDITION PECULIAR TO THE

EXECUTIVE POWER IN MONARCHIES.

CHAP. XI. OF THE EXCELLENCE OF A MONARCHICAL

GOVERNMENT.

CHAP. XII. THE SAME SUBJECT CONTINUED.

CHAP. XIII. AN IDEA OF DESPOTIC POWER.

CHAP. XIV. IN WHAT MANNER THE LAWS ARE RELATIVE

TO THE PRINCIPLES OF DESPOTIC GOVERNMENT.

CHAP. XV. THE SAME SUBJECT CONTINUED.

CHAP. XVI. OF THE COMMUNICATION OF POWER.

CHAP. XVII. OF PRESENTS.

CHAP. XVIII. OF REWARDS CONFERRED BY THE

SOVEREIGN.

CHAP. XIX. NEW CONSEQUENCES OF THE PRINCIPLES OF

THE THREE GOVERNMENTS.

ENDNOTES

{ BOOK VI. CONSEQUENCES OF THE PRINCIPLES OF DIFFERENT

GOVERNMENTS WITH RESPECT TO THE SIMPLICITY OF CIVIL AND

CRIMINAL LAWS, THE FORM OF JUDGEMENTS, AND THE INFLICTING OF

PUNISHMENTS.

CHAP. I. OF THE SIMPLICITY OF CIVIL LAWS IN

DIFFERENT GOVERNMENTS.

CHAP. II. OF THE SIMPLICITY OF CRIMINAL LAWS IN

DIFFERENT GOVERNMENTS.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 4 of 335

CHAP. III. IN WHAT GOVERNMENTS, AND IN WHAT

CASES, THE JUDGES OUGHT TO DETERMINE ACCORDING TO

THE EXPRESS LETTER OF THE LAW.

CHAP. IV. OF THE MANNER OF PASSING JUDGEMENT.

CHAP. V. IN WHAT GOVERNMENTS THE SOVEREIGN MAY

BE JUDGE.

CHAP. VI. THAT, IN MONARCHIES, MINISTERS OUGHT

NOT TO SIT AS JUDGES.

CHAP. VII. OF A SINGLE MAGISTRATE.

CHAP. VIII. OF ACCUSATION IN DIFFERENT

GOVERNMENTS.

CHAP. IX. OF THE SEVERITY OF PUNISHMENTS IN

DIFFERENT GOVERNMENTS.

CHAP. X. OF THE ANCIENT FRENCH LAWS.

CHAP. XI. THAT, WHEN PEOPLE ARE VIRTUOUS, FEW

PUNISHMENTS ARE NECESSARY.

CHAP. XII. OF THE POWER OF PUNISHMENTS.

CHAP. XIII. INSUFFICIENCY OF THE LAWS OF JAPAN.

CHAP. XIV. OF THE SPIRIT OF THE ROMAN SENATE.

CHAP. XV. OF THE ROMAN LAWS IN RESPECT TO

PUNISHMENTS.

CHAP. XVI. OF THE JUST PROPORTION BETWIXT

PUNISHMENTS AND CRIMES.

CHAP. XVII. OF THE RACK.

CHAP. XVIII. OF PECUNIARY AND CORPORAL

PUNISHMENTS.

CHAP. XIX. OF THE LAW OF RETALIATION.

CHAP. XX. OF THE PUNISHMENT OF FATHERS FOR THE

CRIMES OF THEIR CHILDREN.

CHAP. XXI. OF THE CLEMENCY OF THE PRINCE.

ENDNOTES

{ BOOK VII. CONSEQUENCES OF THE DIFFERENT PRINCIPLES OF THE

THREE GOVERNMENTS, WITH RESPECT TO SUMPTUARY LAWS, LUXURY,

AND THE CONDITION OF WOMEN.

CHAP. I. OF LUXURY.

CHAP. II. OF SUMPTUARY LAWS IN A DEMOCRACY.

CHAP. III. OF SUMPTUARY LAWS IN AN ARISTOCRACY.

CHAP. IV. OF SUMPTUARY LAWS IN A MONARCHY.

CHAP. V. IN WHAT CASES SUMPTUARY LAWS ARE USEFUL

IN A MONARCHY.

CHAP. VI. OF THE LUXURY OF CHINA.

CHAP. VII. FATAL CONSEQUENCES OF LUXURY IN CHINA.

CHAP. VIII. OF PUBLIC CONTINENCY.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 5 of 335

CHAP. IX. OF THE CONDITION OR STATE OF WOMEN IN

DIFFERENT GOVERNMENTS.

CHAP. X. OF THE DOMESTIC TRIBUNAL AMONG THE

ROMANS.

CHAP. XI. IN WHAT MANNER THE INSTITUTIONS

CHANGED AT ROME TOGETHER WITH THE GOVERNMENT.

CHAP. XII. OF THE GUARDIANSHIP OF WOMEN AMONG

THE ROMANS.

CHAP. XIII. OF THE PUNISHMENTS DECREED BY

EMPERORS AGAINST THE INCONTINENCY OF WOMEN.

CHAP. XIV. SUMPTUARY LAWS AMONG THE ROMANS.

CHAP. XV. OF DOWRIES AND NUPTIAL ADVANTAGES IN

DIFFERENT CONSTITUTIONS.

CHAP. XVI. AN EXCELLENT CUSTOM OF THE SAMNITES.

CHAP. XVII. OF FEMALE-ADMINISTRATION.

ENDNOTES

{ BOOK VIII. OF THE CORRUPTION OF THE PRINCIPLES OF THE THREE

GOVERNMENTS.

CHAP. I. GENERAL IDEA OF THIS BOOK.

CHAP. II. OF THE CORRUPTION OF THE PRINCIPLES OF

DEMOCRACY.

CHAP. III. OF THE SPIRIT OF EXTREME EQUALITY.

CHAP. IV. PARTICULAR CAUSE OF THE CORRUPTION OF

THE PEOPLE.

CHAP. V. OF THE CORRUPTION OF THE PRINCIPLE OF

ARISTOCRACY.

CHAP. VI. OF THE CORRUPTION OF THE PRINCIPLE OF

MONARCHY.

CHAP. VII. THE SAME SUBJECT CONTINUED.

CHAP. VIII. DANGER OF THE CORRUPTION OF THE

PRINCIPLE OF MONARCHICAL GOVERNMENT.

CHAP. IX. HOW READY THE NOBILITY ARE TO DEFEND THE

THRONE.

CHAP. X. OF THE CORRUPTION OF THE PRINCIPLE OF

DESPOTIC GOVERNMENT.

CHAP. XI. NATURAL EFFECTS OF THE GOODNESS AND

CORRUPTION OF THE PRINCIPLES OF GOVERNMENT.

CHAP. XII. THE SAME SUBJECT CONTINUED.

CHAP. XIII. THE EFFECT OF AN OATH AMONG VIRTUOUS

PEOPLE.

CHAP. XIV. HOW THE SMALLEST CHANGE OF THE

CONSTITUTION IS ATTENDED WITH THE RUIN OF ITS

PRINCIPLES.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 6 of 335

CHAP. XV. SURE METHODS OF PRESERVING THE THREE

PRINCIPLES.

CHAP. XVI. DISTINCTIVE PROPERTIES OF A REPUBLIC.

CHAP. XVII. DISTINCTIVE PROPERTIES OF A MONARCHY.

CHAP. XVIII. PARTICULAR CASE OF THE SPANISH

MONARCHY.

CHAP. XIX. DISTINCTIVE PROPERTIES OF A DESPOTIC

GOVERNMENT.

CHAP. XX. CONSEQUENCE OF THE PRECEDING CHAPTERS.

CHAP. XXI. OF THE EMPIRE OF CHINA.

ENDNOTES

{ BOOK IX. OF LAWS, IN THE RELATION THEY BEAR TO A DEFENSIVE

FORCE.

CHAP. I. IN WHAT MANNER REPUBLICS PROVIDE FOR

THEIR SAFETY.

CHAP. II. THAT A CONFEDERATE GOVERNMENT OUGHT TO

BE COMPOSED OF STATES OF THE SAME NATURE,

ESPECIALLY OF THE REPUBLICAN KIND.

CHAP. III. OTHER REQUISITES IN A CONFEDERATE

REPUBLIC.

CHAP. IV. IN WHAT MANNER DESPOTIC GOVERNMENTS

PROVIDE FOR THEIR SECURITY.

CHAP. V. IN WHAT MANNER A MONARCHICAL

GOVERNMENT PROVIDES FOR ITS SECURITY.

CHAP. VI. OF THE DEFENSIVE FORCE OF STATES IN

GENERAL.

CHAP. VII. A REFLEXION.

CHAP. VIII. A PARTICULAR CASE, IN WHICH THE

DEFENSIVE FORCE OF A STATE IS INFERIOR TO THE

OFFENSIVE.

CHAP. IX. OF THE RELATIVE FORCE OF STATES.

CHAP. X. OF THE WEAKNESS OF NEIGHBOURING STATES.

ENDNOTES

{ BOOK X. OF LAWS, IN THE RELATION THEY BEAR TO OFFENSIVE

FORCE.

CHAP. I. OF OFFENSIVE FORCE.

CHAP. II. OF WAR.

CHAP. III. OF THE RIGHT OF CONQUEST.

CHAP. IV. SOME ADVANTAGES OF A CONQUERED PEOPLE.

CHAP. V. GELON, KING OF SYRACUSE.

CHAP. VI. OF CONQUESTS MADE BY A REPUBLIC.

CHAP. VII. THE SAME SUBJECT CONTINUED.

CHAP. VIII. THE SAME SUBJECT CONTINUED.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 7 of 335

CHAP. IX. OF CONQUESTS MADE BY A MONARCHY.

CHAP. X. OF ONE MONARCHY THAT SUBDUES ANOTHER.

CHAP. XI. OF THE MANNERS OF A CONQUERED PEOPLE.

CHAP. XII. OF A LAW OF CYRUS.

CHAP. XIII. CHARLES XII.

CHAP. XIV. ALEXANDER.

CHAP. XV. NEW METHODS OF PRESERVING A CONQUEST.

CHAP. XVI. OF CONQUESTS MADE BY A DESPOTIC

PRINCE.

CHAP. XVII. THE SAME SUBJECT CONTINUED.

ENDNOTES

{ BOOK XI. OF THE LAWS WHICH ESTABLISH POLITICAL LIBERTY, WITH

REGARD TO THE CONSTITUTION.

CHAP. I. A GENERAL IDEA.

CHAP. II. DIFFERENT SIGNIFICATIONS OF THE WORD,

LIBERTY.

CHAP. III. IN WHAT LIBERTY CONSISTS.

CHAP. IV. THE SAME SUBJECT CONTINUED.

CHAP. V. OF THE END OR VIEW OF DIFFERENT

GOVERNMENTS.

CHAP. VI. OF THE CONSTITUTION OF ENGLAND.

CHAP. VII. OF THE MONARCHIES WE ARE ACQUAINTED

WITH.

CHAP. VIII. WHY THE ANCIENTS HAD NOT A CLEAR IDEA

OF MONARCHY.

CHAP. IX. ARISTOTLE’S MANNER OF THINKING.

CHAP. X. WHAT OTHER POLITICIANS THOUGHT.

CHAP. XI. OF THE KINGS OF THE HEROIC TIMES OF

GREECE.

CHAP. XII. OF THE GOVERNMENT OF THE KINGS OF ROME,

AND IN WHAT MANNER THE THREE POWERS WERE THERE

DISTRIBUTED.

CHAP. XIII. GENERAL REFLECTIONS ON THE STATE OF

ROME AFTER THE EXPULSION OF ITS KINGS.

CHAP. XIV. IN WHAT MANNER THE DISTRIBUTION OF THE

THREE POWERS BEGAN TO CHANGE, AFTER THE EXPULSION

OF THE KINGS.

CHAP. XV. IN WHAT MANNER ROME, IN THE FLOURISHING

STATE OF THAT REPUBLIC, SUDDENLY LOST ITS LIBERTY.

CHAP. XVI. OF THE LEGISLATIVE POWER IN THE ROMAN

REPUBLIC.

CHAP. XVII. OF THE EXECUTIVE POWER IN THE SAME

REPUBLIC.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 8 of 335

CHAP. XVIII. OF THE JUDICIARY POWER IN THE ROMAN

GOVERNMENT.

CHAP. XIX. OF THE GOVERNMENT OF THE ROMAN

PROVINCES.

CHAP. XX. THE END OF THIS BOOK.

ENDNOTES

{ BOOK XII. OF THE LAWS THAT FORM POLITICAL LIBERTY, AS RELATIVE

TO THE SUBJECT.

CHAP. I. IDEA OF THIS BOOK.

CHAP. II. OF THE LIBERTY OF THE SUBJECT.

CHAP. III. THE SAME SUBJECT CONTINUED.

CHAP. IV. THAT LIBERTY IS FAVOURED BY THE NATURE

AND PROPORTION OF PUNISHMENTS.

CHAP. V. OF CERTAIN ACCUSATIONS THAT REQUIRE

PARTICULAR MODERATION AND PRUDENCE.

CHAP. VI. OF THE CRIME AGAINST NATURE.

CHAP. VII. OF THE CRIME OF HIGH-TREASON.

CHAP. VIII. OF THE BAD APPLICATION OF THE NAME OF

SACRILEGE AND HIGH-TREASON.

CHAP. IX. THE SAME SUBJECT CONTINUED.

CHAP. X. THE SAME SUBJECT CONTINUED.

CHAP. XI. OF THOUGHTS.

CHAP. XII. OF INDISCREET SPEECHES.

CHAP. XIII. OF WRITINGS.

CHAP. XIV. BREACH OF MODESTY IN PUNISHING CRIMES.

CHAP. XV. OF THE INFRANCHISEMENT OF SLAVES, IN

ORDER TO ACCUSE THEIR MASTER.

CHAP. XVI. OF CALUMNY, WITH REGARD TO THE CRIME

OF HIGH-TREASON.

CHAP. XVII. OF THE REVEALING OF CONSPIRACIES.

CHAP. XVIII. HOW DANGEROUS IT IS, IN REPUBLICS, TO

BE TOO SEVERE IN PUNISHING THE CRIME OF HIGH-

TREASON.

CHAP. XIX. IN WHAT MANNER THE USE OF LIBERTY IS

SUSPENDED IN A REPUBLIC.

CHAP. XX. OF LAWS FAVOURABLE TO THE LIBERTY OF THE

SUBJECT IN A REPUBLIC.

CHAP. XXI. OF THE CRUELTY OF LAWS, IN RESPECT TO

DEBTORS, IN A REPUBLIC.

CHAP. XXII. OF THINGS THAT STRIKE AT LIBERTY IN

MONARCHIES.

CHAP. XXIII. OF SPIES IN MONARCHIES.

CHAP. XXIV. OF ANONYMOUS LETTERS.

http://oll.libertyfund.org/Texts/Montesquieu0187/CompleteWorks/0171-01_Bk.html

4/22/2004

The Complete Works of M. de Montesquieu (1777) - Vol. 1 The Spir

Pa

it of Laws: The Onli... ge 9 of 335

CHAP. XXV. OF THE MANNER OF GOVERNING IN

MONARCHIES.

CHAP. XXVI. THAT, IN A MONARCHY, THE PRINCE OUGHT

TO BE OF EASY ACCESS.

CHAP. XXVII. OF THE MANNERS OF A MONARCH.

CHAP. XXVIII. OF THE REGARD WHICH MONARCHS OWE

TO THEIR SUBJECTS.

CHAP. XXIX. OF THE CIVIL LAWS PROPER FOR MIXING

SOME PORTION OF LIBERTY IN A DESPOTIC GOVERNMENT.

CHAP. XXX. THE SAME SUBJECT CONTINUED.

ENDNOTES

{ BOOK XIII. OF THE RELATION WHICH THE LEVYING OF TAXES AND

THE GREATNESS OF THE PUBLIC REVENUES HAVE TO LIBERTY.

CHAP. I. OF THE PUBLIC REVENUES.

CHAP. II. THAT IT IS BAD REASONING TO SAY THAT THE

GREATNESS OF TAXES IS GOOD IN ITS OWN NATURE.

CHAP. III. OF TAXES IN COUNTRIES WHERE PART OF THE

PEOPLE ARE VILLAINS OR BONDMEN.

CHAP. IV. OF A REPUBLIC IN THE LIKE CASE.

CHAP. V. OF A MONARCHY IN THE LIKE CASE.

CHAP. VI. OF A DESPOTIC GOVERNMENT IN THE LIKE

CASE.

CHAP. VII. OF TAXES IN COUNTRIES WHERE VILLAINAGE

IS NOT ESTABLISHED.

CHAP. VIII. IN WHAT MANNER THE DECEPTION IS

PRESERVED.

CHAP. IX. OF A BAD KIND OF IMPOST.

CHAP. X. THAT THE GREATNESS OF TAXES DEPENDS ON

THE NATURE OF THE GOVERNMENT.

CHAP. XI. OF CONFISCATIONS.